Philadelphia Drying Machinery Co. v. Kummerer
Superior Court of Pennsylvania
Appeal, No. 33, March T., 1913, by plaintiff, from judgment of C. P. Luzerne Co., May T., 1908, No. 464, on certificate for defendant in case of Philadelphia Drying Machinery Company, Incorporated, v. A. J. Kummerer. Assumpsit for the balance of the purchase price of a drying machine. Before Strauss, J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 33, March T., 1913, by plaintiff, from judgment of C. P. Luzerne Co., May T., 1908, No. 464, on certificate for defendant in case of Philadelphia Drying Machinery Company, Incorporated, v. A. J. Kummerer. Assumpsit for the balance of the purchase price of a drying machine. Before Strauss, J. The facts are stated in the opinion of the Superior Court. The verdict was as follows: We the jurors in the case of Philadelphia Drying Machine Company and A. J. Kummerer find a verdict in favor of the defendant according to the specifications given below. Value of Amt. of Fabric damaged by…
1Opinion of the Court
Opinion by
Morrison, J.,
On July 29, 1907, The Philadelphia Drying Machinery Company, plaintiff, entered into a written contract with A. J. Kummerer, defendant, whereby said plaintiff *27agreed to furnish and deliver to defendant f. o. b. cars Philadelphia, a drying machine to be used by the defendant in his business at Hazelton, for the price of $1,150, $575 payable in cash upon the arrival of the machine and presentation of the bill of lading, and the balance to be paid in cash within thirty days of the date of bill of lading. The first installment was paid according to the contract, and this…
2Cases cited3 opinions
- Pierce v. Lehigh Valley Coal Co.Supreme Court of Pennsylvania · 1911
- Haines, Jones & Cadbury Co. v. YoungSuperior Court of Pennsylvania · 1900
- Reece v. RodgersSuperior Court of Pennsylvania · 1909